ClickAndSend Newsletter Service Terms & Conditions

This Agreement is between ClickAndSend (“we”, “us”, “our”, “Service Provider”) and the Client (“you”, “your”).

These Terms & Conditions govern all newsletter setup, design, sending, automation, consultancy and related email marketing services provided by ClickAndSend. By purchasing or using our services, you agree to be bound by these terms.

1. Payment Terms

Payment is due on receipt of invoice, via our website, or in advance where agreed. All services, templates, configurations and deliverables remain the property of ClickAndSend until paid for in full.

We reserve the right to suspend services where invoices remain unpaid.

2. Services Provided

Services may include:

• Newsletter design and setup
• Email template development
• Campaign creation and sending
• Marketing automation setup
• Mailing list management
• Email consultancy and advisory services
• Website and platform integrations
• Technical troubleshooting and support

3. Client Responsibilities

You are responsible for:

• Providing content, images and instructions within agreed timelines
• Reviewing and approving newsletters before sending
• Maintaining backups of your website, mailing lists and data
• Ensuring compliance with GDPR and other applicable legislation
• Ensuring all supplied materials are accurate and lawful

You confirm that you have the legal right to use all content, images, logos, trademarks, text and data supplied to us.

4. Mailing Lists & GDPR

You are solely responsible for ensuring that all email addresses used for campaigns have been collected and processed lawfully and in accordance with GDPR and other applicable data protection legislation.

We reserve the right to refuse to send campaigns where we believe mailing list practices may not comply with applicable laws or industry standards.

Subscriber data remains the property of the client. Upon termination of the service, subscriber data can be exported and supplied to the client on request. Data will be removed from ClickAndSend systems after an appropriate retention period unless otherwise required for legal, accounting or compliance purposes.

5. Email Template Development

Email newsletters may display differently across email clients, devices and platforms. We use industry-standard design and coding practices but cannot guarantee identical appearance in every email environment.

Some display issues may be beyond our control and may require redesign, additional development work or acceptance that a graceful fail is the best we can achieve in some circumstances.

6. Newsletter Approval

You are responsible for carefully reviewing and approving all newsletters before sending. Approval constitutes acceptance of the final version.

Newsletter revisions include up to two rounds of changes, totaling no more than one hour of revision time unless otherwise agreed. Additional revisions may incur additional charges.

7. Errors & Omissions

It is your responsibility to check all proofs and content for accuracy including spelling, links, dates, pricing and technical information.

ClickAndSend shall not be liable for errors or omissions in approved materials. Submission of files, instructions or approvals by email constitutes approval for publication or sending.

8. Campaign Sending & Deliverability

Campaigns are sent based on your instructions.

Deliverability, inbox placement, open rates, click rates and campaign performance are affected by many factors beyond our control including:

• Mailing list quality
• Sender reputation
• Spam filtering systems
• Email content
• Recipient engagement
• Third-party platform policies

No guarantee is made regarding campaign performance or results.

9. Website & Integration Services

Where services involve websites or third-party platforms, compatibility cannot be guaranteed. Additional software, plugins or services may be required and may incur additional fees.

We do not guarantee that software issues, bugs or conflicts can be fully resolved. Future compatibility with third-party software, plugins, themes or platforms cannot be guaranteed.

10. Billable Time

Unless covered by a purchased package, billable time may include:

• Consultations and advisory sessions
• Research and analysis
• Email reviews and written guidance
• Phone and video calls
• Website updates and fixes
• Development, testing and troubleshooting
• Platform configuration and integrations

11. Production Schedules

Production schedules will be agreed between both parties and adhered to where possible. Delays in receiving content, approvals or access credentials may result in revised delivery dates.

12. Bookings, Notice & Cancellations

Scheduled work constitutes a booking of time.

Where work is cancelled or postponed at short notice, a cancellation fee equivalent to one day’s work may apply.

Unused newsletter sends or allocations do not roll over unless expressly agreed.

No refunds are provided for unused pre-paid services.

13. Working Hours

Standard working hours are Monday to Friday, 9:00am to 5:00pm, excluding public holidays and notified leave periods.

14. Priority Requests

Urgent requests requiring evening, weekend or out-of-hours work may incur an additional charge of up to 100% of the standard rate.

15. Support

Support is provided by email unless otherwise agreed. Telephone or video support may be available as a separate chargeable service.

16. Image Hosting

Images hosted by ClickAndSend for use in email campaigns will normally remain available for one year from the date of sending. After this period, hosted images may be removed, which may affect archived copies of newsletters.

17. ClickAndSend Branding

Unless otherwise agreed, newsletters sent on your behalf may include a “Powered by ClickAndSend” logo and/or link in the footer.

18. Service Availability

We will use reasonable efforts to maintain service availability but cannot guarantee continuous or uninterrupted service.

We reserve the right to suspend services temporarily for maintenance, technical issues, security concerns or other operational reasons.

19. Termination

Either party may terminate services at any time by providing 30 days written notice.

We may suspend or terminate services immediately where:

• Invoices remain unpaid
• These terms are breached
• Unlawful activity is suspected
• Required by law or service providers

Upon termination we may remove data, files and hosted content from our systems. Outstanding invoices remain payable.

20. Indemnity

You agree to indemnify and hold harmless ClickAndSend against any claims, losses, damages, liabilities, costs and expenses arising from:

• Your content or instructions
• Your use of our services
• GDPR or marketing law breaches
• Intellectual property infringements
• Any breach of these Terms & Conditions

21. Limitation of Liability

To the fullest extent permitted by law, ClickAndSend’s total liability arising from any claim relating to our services shall be limited to the fees paid for the specific service giving rise to the claim.

We shall not be liable for indirect, consequential or loss of profit claims.

22. Force Majeure

We shall not be liable for delays, interruptions or failures caused by circumstances outside our reasonable control including internet outages, platform failures, cyber incidents, acts of government, natural disasters or other force majeure events.

23. Notices

Notices may be served by email or other written communication. Notices sent by email shall be deemed received on the day sent unless proven otherwise.

24. Changes to Services & Terms

We reserve the right to amend these Terms & Conditions and our services at any time. The latest version published on our website shall apply.

25. Governing Law

These Terms & Conditions shall be governed by and construed in accordance with the laws of Ireland or UK depending on your location. Any disputes shall be subject to the exclusive jurisdiction of the Irish or UK Courts.

26. Entire Agreement

These Terms & Conditions, together with any documents expressly referred to within them, constitute the entire agreement between the parties and supersede all previous agreements, communications and understandings relating to the services provided.